Service Fulfillment Agreement
Services Fulfillment Agreement
By purchasing any products or services from www.dkbulltrader.com you agree to the following services fulfillment agreement. This Services Fulfillment Agreement ("Agreement") is made effective as of July 6th, 2020, by and between Online Course Purchasers of www.dkbulltrader.com, and DK-Bull Trader Academy of 1600 Glenarm Apartments, 1600 Glenarm Pl, Denver, CO 80202
DESCRIPTION OF SERVICES. Beginning on July 6th, 2020, DK-Bull Trader Academy shall assume and discharge all product distribution fulfillment responsibilities for Online Course Purchasers, including:
a. purchasing, labeling, and re-labeling,
b. packaging and repackaging,
c. inventory maintenance and shipping,
d. quality control.
DK-Bull Trader Academy shall also perform all marketing, sales, order entry, accounts receivable, collection, and administrative functions related to the distribution of Online Course Purchasers' products.
Additional services will be provided as described in the attached Exhibit (collectively, the "Services"). The following services (collectively, the "Services") will also be provided by DK-Bull Trader Academy:
- A 3 week of a complete online course training program for Stock Markets.
DK-Bull Trader Academy shall be entitled to payment in an amount equal to 100% of all sales of Online Course Purchasers' products distributed by DK-Bull Trader Academy, which amount may be retained upon receipt by DK-Bull Trader Academy with no offset or reduction for returns or uncollected receivables. The balance of the money received by DK-Bull Trader Academy from sales of Online Course Purchasers products shall be paid by DK-Bull Trader Academy to Online Course Purchasers.
DK-Bull Trader Academy shall maintain accounts and records of the sale of Online Course Purchasers products in such form and detail as to enable Online Course Purchasers to verify the accuracy of the product sales and payments made by DK-Bull Trader Academy under the previous Payment section.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by DK-Bull Trader Academy in connection with the Services will be the exclusive property of DK-Bull Trader Academy. Upon request, Online Course Purchasers will execute all documents necessary to confirm or perfect the exclusive ownership of DK-Bull Trader Academy to the Work Product.
RELATIONSHIP. The relationship created by this Agreement is one of product distribution fulfillment between the parties herein. Nothing herein is intended or shall be construed, to create an agency, partnership, joint venture or other liability-sharing relationship.
INDEMNIFICATION. DK-Bull Trader Academy agrees to indemnify and hold Online Course Purchasers harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Online Course Purchasers that result from the acts or omissions of DK-Bull Trader Academy and/or DK-Bull Trader Academy's employees, agents, or representatives.
WARRANTY. DK-Bull Trader Academy shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in DK-Bull Trader Academy's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to DK-Bull Trader Academy on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
1. The failure to make a required payment when due.
2. The insolvency or bankruptcy of either party.
3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
4. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators, in turn, shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.